Powers of Divisional CommissionerS IN MAHARASHTRA STATE

7/31/2019 Powers of Divisional CommissionerS IN MAHARASHTRA STATE

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Center for Right to Information, Yashada, Pune, 020 25608146 Fax - 25608130

A Compilation of

Powers delegated to Divisional

Commissioner

----------------------------------------------------------------------------------------------------------------

Yashwantrao Chavan Academy of Development Administration,

Raj Bhavan Complex, Baner Road, Pune 411 007, India


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ROLL OF THE DIVISIONAL COMMISSIONER

Information regarding the powers exercised by the Commissioner under various Acts /

Rules & Govt. orders.

Establishment

Sr.

No.

Name of the Acts/

Rules & Govt.

Orders Under which

The powers are given

Section

or Rule

No.

Brief description of

The powers

Whether this

Powers is

exercised as

commissioner

designation

1

2

Maharashtra

Civil Service

(Discipline & Appeal

)Rules 1975

Maharashtra Civil

Services Rules,1981

-

229

To taken disciplinary action

Against the Govt . servants &

To decide the appeals filed

under Rule 17,19 of the saidRules.

1.) To take disciplinary

action against the Govt.

servants & to decide the

appeals filed under Rule 17,19

of the said rules.

2.) Gtrant of leave to class II

officers (up to 120 days)

3.) Transfer of class I & II

officers & allotment of NT to

Districts.

4.) Allotments of

Probationary Tahsildars &

Dy. Collectors.

5.)Grant of Efficiency Bar in

the pay scales of Tahsildars

& Dy. Collectors.

Yes, as

Commissioner


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Maharashtra Land Revenue Code and Rules there under.

Sr.

No.

Name of the Acts/

Rules & Govt.

Orders Under which

The powers are given

(1)

Section

or Rule

No.

SectionRule

(2) A (2)B


The powers.

(3)

Whether this

Powers is

exercised as

commissioneror as any other

Designation.

(4)

1 Maharashtra Land

Revenue code, 1966.

(i)M.L.R.(Disposal of

Govt.

Land)Rule,1971.

20 6

&

31

7

26(2)

27

28

To accord sanction

Dispensaries & other

public works to Institution

Local bodies etc. where

Rev. free value of the land

exceeds Rs. 10.000/- but

does not exceed

Rs.25.000/-

To accord sanction to

lease out lands at a

nominal rent of one rupee

per year for playground

or other recreational

purposes to local bodies

where Revenue free value

of the land exceeds

Rs.10.000/- but does not

exceed Rs. 25.000/-.


dispose of building sites

without auction where

market price does not

exceed Rs. 10.000/-.

To grant land to co-op

Housing Societies where

occupancy price of theland exceeds Rs.25.000/-

but does not exceed

Rs.50.000/-

To accord sanction to the

grant of building Sites

without auction for

residential use to freedom

fighters. Serving

members of the armed

forces, ex-servicemen &goldsmith where


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Govt. Reso.

Rev.&F.Dept.

No.LND1083/27925

CR.671 Date-

8/9/1983& Revenue

Circular order Book

NO. III ,Para 78 &

31

35

43

21(5)

60(2)

130

178(2)

occupancy price of the

land exceed Rs. 10.000/-

but does not exceed

Rs.25.000/-

To renew leases of landwhere market value of the

leased land does not

exceed Rs.25.000/-


regularize encroachment

on Govt. land where

market value of

encroached land exceeds

Rs.5000/- but does not

exceed Rs. 10.000/-


sale of agricultural land

held on new tenure & to

regularize the

unauthorized sale of such

lands.

Extinction of right of

public in or over any

public road, lane, path not

required for use of public.

Appellate power.

To direct what orders

shall be substituted for the

provisions of which the

operations of section 55

(relinquishment of land )

is suspended by Govt.


regulation made by the

collector for fixation of

correction fee to be

charged for issue of fresh

sanad on alteration of

holding.

To make order for issue of

demand notices todefaulters & to fix the cost


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185

241(2)

227

247

257

258

330-A

of the notice with the

sanction of the state Govt.


attach defaulters village &

to take it underManagement of collector.


rates of expenses of sale of

defaulters movable

property & to make

orders therefore.

Power to summon persons

to give evidence & to

produce documents.

Appellate powers, to hear

appeals against orders of

collectors.

Revisional powers. To call

for & examine records &

proceedings underlying

the decision of the

collector. Review of

orders.

1.)To exercise powers of

the state Govt. U/S.15 for

conferral of powers of

Asstt. Or Dy. Collector or

Tahsildar on any persons

possessing the prescribed

qualification.

2.) To exercise powers ofthe state Govt. under

clause(V)&(vi)of sub.sec.

(1)of section 4 so far as it

relates to altering the

limits of a village.

3.) To exercise powers of

the state Govt. U/S.9-A to

make appointments

(including transfers ) of

revenue officers below therank of the Tahsildars and


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INDIAN FORESTS

ACT 1927 - On

receipt of ordersform Govt 4

17

20

to transfer Asstt. Or Dy.

Collectors & Tahsildars.

a) To notify the decision to

constitute any land as a

reserved forest.

b) To notify the situation

& limits of such land.

c) To notify the

appointment of forest

settlement officer to

enquire in to & determinethe rights of persons.

a)To notify appointment

of officer of the Revenue

Deptt. of rank not lower

than that of a collector to

hear appeals from orders

passed by Forests

settlement officer U/s.

11,12, 15 & 16.

b)To empower any forest

officer to make an appeal

U/s ,17.

c)To establish a court

composed of three persons

to hear appeals U/s. 17

To notify the limits of the

forest which is to bereserved & declare the

same to be reserved form

the date fixed by the


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Role of the Divisional commissioner

Information regarding the powers exercised by the commissioner under various

Acts/Rules & Govt. orders.

Sr.No.

Name of theActs/Rules & Govt.

orders the powers

are given.

Sectionor

Rule No.

Brief description of thepowers.

Whether thispower is

exercised as

commissioner

and other

designation

1.

2

3

4

Manual of Financial

power 1964

Revf Forests Dept.

Govt. Res. No.CLS/5983/166813

CR. 1016M3

Dt.20/5/85

Sec 93

Mongrel

loans Act1985

Refund of Revenue

Grant of loans up to Rs.

20.000/- In respect ofnatural calamities.

As

Commissioner

As

Commissioner

Commissioner

Commissioner

The commissioner has to exercise complete control over the

scarcity is tuition of the Division & to see that there is proper

co ordination among various officers so that proper utilization

of funds & employment opportunities are provided.

GR. R & FD No.

CLS-5985/248361CR. 20 M3 dt.31/1/83

GR R & FD No. LND

-1071 / 32302 H-IT

15/7/72

--

--

Gratuitous relief upto

Rs.1000/- per familybringing the total amount

of relief to Rs.2500/-per

family.

To accord administrative

approval & financial

sanction for acquisition of

lands, for the purposes of

extension of Gaothan,

valued from Rs. 50.000/-

to Rs. 125000/- (in ruralareas ) & up to Rs.

50.000/- (in urban area)


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ROLE OF THE DIVISIONAL COMMISSIONER

Information regarding the powers exercised by the Commissioner under various Acts /

Rules & Govt. orders.

Sr.No

Name of the ActRules & Govt. orders

under which the

power are given

Section or rule No. Brief Description of thepowers

Whether thispower is

exercised as

commissioner as

any other

designation

1.

2.

3.

4.

5.

6.

7.

8.

Mah. General

Provident fund

Rupees

--- do ---

Bombay financial

Rules.

Medical

reimbursement

State Govt.

Employees Group

Insurance Scheme.

As per ManualFinancial powers

1978

Mah.Budget

Manual vol.I.

Mah. Civil Services

(pension )Rules82

Under Sec. 15

Under Sec. 14

As per rule 142

As per resolution

public health

Deptt.No.MAG/1081/49

07/PAH/9A

dt.19/10/83

Finance Deptt.

Reso. No.

DOI/2081/4701/A

DM-5 dt.26/4/82

Vide 11(1)&11(2)

As a head of officehead Deptt &

Regional head.

Rule No. 166

164

Rule 126

ITEMS FOR NOTE

Inrespect of Grant of

non refundable

advances to Class I,

II,& III

Refundable advance

to Class II & Class I

Sanction of all kinds

of temp. advances.

Sanction of Medical

reimbursement claimof all categories of

Govt. servants.

Sanction of final with

drawal of GIS Saving

fund insurance fund

to all categories of

employees.

Power delegated

various items in

respect of office

expenses, purchases,

vehicle repairs etc.

Distribution of Grants

of all concerned

Heads &

Reappropriate Sub

head to sub head

Yes these

Powers are

exercised

By

commissioner

-do-

-do-

-do-

-do-

-do-

-do-

-do-


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9. As per Bombay

Civil Service Rules.

Old rule

599

within the same major

head.

Sanction of

Provisional pension

for 6 months period &sanction gratuity with

noting 10 % or one

thousand rupees.

To countersign the TA

Bills of class II & I

officers

of Commissionerate.

-do-

Sr.

No.

Name of the Act Rules &

Govt. orders under which

the power are given

Section or rule

No.

Brief

Description of

the powers

Whether this

power is

exercised as

commissioner

as any other

designation

1)

2)

3)

Delegation of Financial and Administrative powers

Yes,

As

Commission

Yes,

As

Commission

Yes,

As

Commission

Govt. of Maharashtra

Finance

Deptt. Resolution No.

DFP/1080 CR-

564/GEN.5Dated 29th

May1984

Government of Maharashtra

revenue & Forests Deptt

Resolution

No.JPS/1082/CR.175/82 E.8

Dated 23rd

june,1986


revenue and Forests Deptt.

No.JSP/1085/CR.417/85 E8

dt 2nd

Dec. 85

Condemn

Government

Vehicles. Upto

Rs.1.00 Lakh in

each case.

Ordinary

maintenance

excluding

running

expenses on

petrol, oil &

disilled water

etc. Major,

Miner repairs

excludingreplacement of

tyres & tubes.

Per vehicle per

annum

Rs.12.000/-

Petrol upto

35.000 Leters

per years.


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4)

5)

1)

Inspection of revenue

Officers Paragraph 43

1)&2)of

chapters 18 of

Administrative

ReorganizationCommittees

Maha. Schedule

Commodities

Order 24

1)All Collectors

Withn a period

of two years.

2)Two Prant

officers peryear.

3)Two Taluka

offices per year.

The dicide

appeals under

mah schedule

Commodities

Regulation

Distributionorder 1975

As regional

head of Deptt.

for appointment

Of class III and

class IV

servants in the

region

Administrative

and Financial

power in respect

of contingencies

and G.P.F. with

drawed etc.

For

commissioner

Division Nashik

Yes,

As

Commission

Yes,

As

Commission


revenue and Forests Deptt.Resolution No. INS

1069/2527/T. Dated 1st

Sept.

1071

Maharashtra Schedule

commodities (Regulations

and distributor order 1975

Weights and Measures Section

Bombay Weights and

Measures (Enf) Act 1958

-1098-604-2

$ 17-11-78


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1)

2.

3.

INFORMATION REGARDING THE POWERS EXERCISED

BY THE COMMISSIONER UNDER VARIOUS AND GOVT.ORDERS.

Maharashtra controller

cloth (Regulation of

Distribution )order 1975

dated 25th

march 1975

The Rice Milling Industry

(Rgd Act 1958 Dy. Secretary

D.O.No

RMS/1085/1389/84(188)

dt.13/3/1987

Maharashtra (Discipline &appeal ) rule 1975.

Order 2 (I)

The Rice

milling industry

(Regulation Act

1956 us section

19(read with

sec5)

The sanction

the licenses of

new controlled

cloth and

yearly renewal

of it to checked

verify 10th

shuns cancel

suspending etc.

To sanction the

Rice milling

licenses

Commissionerhave judicious

powers to

conduct the

Divisional

Deptt.

enquiries of

class II officers

and class I

officer whose

basic pay is less

than Rs.1000/-

and conduct

the appeal of

classIII person

sa per maha

(discipline and

appeal) Rule

1975)


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4. Essential commodities Act.

1955

To decide the

appeals under

Essential

commodities

Act.1955

Thoufh of the

Presen exerci

Commis

Sr.

No.

Name of the Act Rules &

Govt. orders under which

the power are given

Section or

rule No.

Brief Description of

the powers

Whether this

power is

exercised as

commissioner

as any other

designation

1.

2.

3.

4.

5.

The Bombay Tenancy &

Agril. Lands Act 1948

- do

- do

The Maharashtra landRevenue code and terancy

laws (Amendment Act

1974 )(Maharashtra No.

xxxv ot 1974

The MaharashtraRestoration of lands to

76-A

63(1)

88D(IV)

36(3) ofM.L.R.C.

1966

Sec7

Reference to made to

the colln for revision

where no apreal has

been filed within the

period presonibed.

Proposals to be sent to

Govt. for extension of

neriod rule 36 (4)

Revocation of

certificate granted u/s

88c of the Act if the

person exceeds an

aoernonic holding

Appeal/Revisionsapplication in cases in

which inquiries u/s

36/(3) proviso were

initiated by Revenus

officer prior to be

dealt with and decided

specified in scheduled

E of section 247 of

M.L.R.C. 1966

Provisional powers


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6.

7.

8.

scheduled tribes Act 1974

Act No. xIV of 1975

The Bombay Prevention

of fragmentation and

consolidation of HoldingAct 1957

Mah. Agricultural lands

(ceiling on holdings )

Act.1961

- do-

Sec. 31 (B)

Sec. 35

Section

45-2

45-A

To call for and

examine the record of

any case pendingbefore or disposed of

by such officer and

may pass such order

The Comm. may sue-

motet any time call for

record of any enquiry

u/s 17 to 21 for the

purpose of satisfying

itself as to the legality

or propriety of anyenquiry under those

sections any pass such

order therein after

giving the party a

reasonable

opportunity and being

heard provide period

of 3 years from the

date of such deliration

has elapsed.

The Commn may,

auo-not or an

application made to

him by an aggnieved

persn call for the

record of any inguiry

under sec. 27 for the

purpose of satisfying

himself as to the

legality of any inquiryand pass such order

therean after giving

the parties a

reasonable

apportunity of being

heard. Period of one

year from the date of

the grant of land is

made by the collr u/s

27

The apportionment of


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9.

10.

11.

-do-

-do-

Bombay Inferior villaga

watans (Abolition) Act

1958

25 (4)

14 (3)

14 (3)

compensation if the

Compensation excee

ds twenty-five the

usand rupees but net

exceed fiftv thousand

rupees, shall bedetermined without

the previous approvl

of Commissioner

Where a person (or

family unit) holds

land in two or more

districts of the sane

Division the enquiry

shall do held by the

collr which the commrmay by order in

writing designate.

The commr can grant

per mission for sale of

IVS inam land

regraneed on new

tenure as per Govt.

circular dt. 16/5/85 on

payment of 10 times

the asstt of the land.


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Sr.

No.

Name of the

Act Rules &

Govt. orders

under which

the power are

given

Section or

rule No.

Brief Description of the powers Whether this

power is

exercised as

commissioner

as any other

designation1.

2.

3.

4.

5.

6.

7.

8.

Maharashtra

bills perished

and

panchayat

Samitis

Act.1961

-Do-

-Do-

-Do-

-Do-

-Do-

Maharashtra

Billn

Panchayat

Samitis

Act-1961

-do-

Section

197 (1)

Section

197(1)

Section

211

Section

212

Section

40 (2)(ii)

Section

62 (3)

Section

82 (3)

Section

To pass such orders, as he may

deem fit, in cases where Zilla

parishad has requested the

concurrence of any other local

authority under the provision of

Section 110 but that local

authority has refused to eon cur.

To direct, on enquiry, to stop the

use of any place in the district

used for the disposal of the deedif it is in such a state as to become

injurious to health.

To decides an sppeal made

against the orders of the Zilla

parishad issued under section

205, 206, 209, or 210 and his

decision thereon is final.

To decide an application made to

him by the aggrieved person with

Zilla parishad fails to grant a

license under sub section (2) of

section 205 within a period of

two months from the date of

receipt of Application for grant

of licenses and his decision

therefore is final.

To decide a question if arises

whether a vacancy has occurredin the office of (i) canceller

Member of the pancheyat Samiti

And Member of standing

committee and subject committee

and his decision thereon is final.

To decide the dispute arising as

As

Commissioner

-do-

-do-

-do-

-do-

-do-

-do-

-do-


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9.

10.

-do-

-do-

45(4)

Section

68(4)

Section

81(4)

Section

100 (10)

to the validity of the election of a

president or vice president of a

Zilla perishad

And a chairman or Deputy

Chairman of a panchayat Samiti

To decide the dispute srising as to

the validity of the election of any

counciller under section 79

(Constitution of standing

committee) or section 80

(constitution of subjects

committee) including any

question arising out of the

acceptance or rejection of a

nomination paper or any groundor whether or not councilor is an

member of a Scheduled casted

scheduled tribes or any specially

or educationally backward class

of citizen and his decision thereon

is final.

To sanction the expenditure

including any grant required to

be incurred or spent by a Zilla

parishad/panchayt samiti outside

its areas of the act with the

exceptions given in sections given

in section 132 & 101 A

respectively.

-do-

-do-

Powers of the Commissioner

No. 1 2 3 4

6 Maharashtra

Zilla Parishad

and panchayat

Samitis 1961

Section 267

A(1)

To suspend (i) the execution of

unlawful order or a Zilla

Parishad or its committee or a

Panchayat Samiti or Prohibit

the doing of any Act which is

unlawful.

As commissioner

6 Maharashtra

Zilla Parishad

and panchayat

Samitis 1961

Section 267

A(2)

And (ii) the execution or

prohibit the doing of anything

by a Zilla Parishad or its

Committee or a Panchayat

Samiti if it is in consistent with

the instructions or disrections

As commissioner


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given or issued under Section

261(1)

7 Maharashtra

Zilla Parishad

and panchayat

Samitis 1961

Section 268(3) To confirm or modify the

direction given by the

Collector to the Zilla Parishad

for the execution of anyextraordinary work in case of

emergency.

As commissioner

8 Maharashtra

Zilla Parishad

and panchayat

Samitis 1961

Section 272 To have and exercise the same

authority and control over the

Collectors in the matter

connected with the Zilla

Parishad Act as he has and

exercises over them in the

general and revenue

administration.

As commissioner

9 Maharashtra

Zilla Parishadand panchayat

Samitis 1961

Section 282(2) To Pass such order as he may

deem fit if one local suthorityhas not accepted the proposal

of the other local authority or

there is any difference of

opinion between two local

authorities.

As commissioner

10 Maharashtra

Zilla Parishad

and panchayat

Samitis 1961

Powers and functions of the

State Government under

section 246 (vide Note under

Sr.No.47 under the powers of

the State Government.)

As Commissioner

10 Maharashtra


Samitis Act,

1961

Section 110(3) To assign to the District Fund

of each Zilla Parishad suchportion of the net proceeds of a

public ferry, read or bridge

vested in one or morethan one

Zilla Parishad, Partly falling in

one District and partly in

onother and both the Districts

are in one Division.

As commissioner

11 Maharashtra

Zilla Parishad

and panchayat

Samitis Act,

1961

Section 262 To call the meeting of a Zilla

Parishad/Panchayat

Samiti/Committes of the Zilla

Parishad, if no meeting was

held within the period

prescribed by or under the

Act.

As

Commissioner.

12 Maharashtra

Zilla Parishad

and panchayat

Samitis Act,

1961

Section 263 To enter and inspect, if so

authorized by the State

Govt.,any immoveable

property of a Zilla Parishad or

any development work or

scheme in progress under it or

cause it to be inspected, call

forany extract from the

proceedings of any Committeeor any Panchayat Samiti or

As commissioner.


19/30


call for any returns etc.

13 Maharashtra

Zilla Parishad

and panchayat

Samitis Act,

1961

Section 264 To inspect any records,

register or other document

from the office of the Zilla

Parishad by himself or by any

person, not below the rank of aCollector in case of a Zilla

Parishad, or a Deputy

Collector in cases of a

Panchayat Samiti duly

authorized by him.

As commissioner.

14 Maharashtra

Zilla Parishad

and panchayat

Samitis Act,

1961

Section 265 To prevent ectravagance in

establishments or wasteful

expenditure of the Zilla

Parishad.

As commissioner.

15 Maharashtra


Samitis Act,

1961

Section 267(2) To rescind, in his discretion,

the order made by the DistrictMagistrate regarding

suspension of an order or

resolution of a Zilla Parishad

or any of its Committes or a

Panchayat Samiti 268 or direct

that it should continue in force

with or without modification,

permanently or for such

period as he thinks fit.

As commissioner.

Maharashtra

Zilla Parishad

District(Recruitment)

Rules 1976.

5(2) Relaxation of qualifications in

respect of age, education,

experience etc.

As commissioner.

Maharashtra

Zilla Parishad

District

(Recruitment)

Rules 1976.

6(2) Relaxation of ratio of

nomination & promotion.

As commissioner.

Maharashtra

Zilla Parishad

District

(Recruitment)

Rules 1976.

6(10) Change in the cadre As commissioner.

Bombay village

Panchayat Act,

1958

145 1 A Dissoultion of village

Panchayat

As commissioner.

Bombay village

Panchayat Act,

1958

267 A Suspensation of Zilla Parishad

Resoution and orders.

As

Commissioner.

Maharashtra

civil services

Rules (Pension)

1982.

101, 102 1. Sanction ofcompensionate

2. Pension to ZillaParishad Servants.

3. Issue of NoDepartmental Enquiry,

As

Commissioner.


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No dues certificate in

respect of Class I &

Class II

Maharashtra

Civil Services

(Leave) Rules,1981.

16, 63, 74, 75,

76, 79, 80, 83,

84 etc.

Sanction of leave more than 90

days (Extra ordinary) and

other kind of leaves like T.B.Leave,

As

Commissioner.

Maharashtra

Civil Services

Pay Rules 1981

56 Pay and increments, sanction

of addl. Pay more than 6

months and within one year.

As Commissioner

Maharashtra

Zilla Parishad &

Panchayat

Samiti (D & A)

Rules 1964 Rule

13, 14, 15 & 24

1. All kind of serviceappeals / Revision /

Revision applications

of Zilla Parishad

servants, permissible

under the said Rules.

2. Taking cognizance inthe receivingcomplaints against

Zilla Parishad

servants.

As commissioner

Government

orders (Rural

Development

Department)

dated 10-10-

1974

First 3 months extention of

time limit Department

Enquiry cases against Zilla

Parishad servants.

As commissioner.

Maharashtra

Zilla Parishad &

Panchayat Samit(Dist. Service)

Rules 1968. Rule

10.

1. Exercise of all powersof State Government in

respect of leave, pay,pension, seniority etc.

in case of Zilla

Parishad servants.

As commissioner.

Bombay General

Provident Fund

Rules, Rule 14,

15

Grant of G.P.F. advances to

officers of Class II & I

M.D.S. cadres.

As commissioner.

Watching progress of various

Govt. Schemes.

As commissioner.

Bombay Wild

Animals Act,Rule 6

Controlling epidemic under

the Bombay wild animals Act.

As commissioner.

Maharashtra

Zilla Parishad

and Panchayat

Samiti Act, 1961

95/2, 262, 263,

264.

Inspection of Zilla Parishads

and Panchayat Samitis

4 Z.Ps & 10 P.S every year.

As commissioner.

Maharashtra

Zilla Parishad &

Panchayat

Samitis Act.

02 Appointment and transfer and

promotion.

B.D.O.S Class II

As commissioner

Maharashtra

Zilla Parishad

Rule 1969.

13 Appoinment, Seniority pay

and allowances

Class II

As commissioner.


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B.C.S.R.1959

and M.C.S. Rule

1981

Maharashtra

Development

Service

(Constitution,

classification &

Recruitment

Rule 1973 and

smmended in

1979

(Recruitment) Promotion

Class II

As commissioner.

Maharashtra

Civil Service

Discipline and

Appeal Rule

1979

MaharashatraCivil conduct

Rule 1979.

Departmental Enquiry As

commissioner.s

ENTERTAINMENT

Name of the Act Rules

& Govt. orders under

which powers are

given.

Section or

Rule No.

Brief Description of the

power.

Whether his power is

exercised as

Commissioner or as

any other designation.

The Bombay

Entertainments Duty(Amendment) Act,

1987

Section 3 (J) Power to remit the duty

where no show has beenexhibited continuously for

the entire week.

Commissioner

- Do - Section 10 A Appeal against the orderpassed under Section 4B of

the Act.

- Do -

The Bombay ENT

Duty (Amendment)

Act, 1987

8 Power to authorize Revenue

officer as Inspecting officer.

- Do -

Bombay

Entertainment Duty

Rules, 1958

Rule

14

Appellate authority for the

order passed by the Collector

for forfeiture of Security

Deposit.

- Do -

Govt. inR. &

F.D.Resolution

No.ENT/1082/1411-

I.S.(II) dt.30.10.82

- To have effective Control

over the implementation of of

B.E.D. Act. & Rules and

Adv. Tax Act, 1976 and

Rules.

Commissioner.

Items for note

1) Functions :- The Divisional Commissioner has to act as an authority for control/supervision/co-ordination for effective implementation of the Bombay Entertainments

Duty Act/Rules, The Maharashtra Adv. Tax. Act, 1967 and Rules and the Govt. Orders.

He has to work as Liason officer between State Govt. and District Administration. He isalso an appellate authority for the items mentioned in the above prof


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Town Planning (Award) Section.

Name of the Acts /

Rules & Govt. orders

under which the are

given.

Section or Rule No. Brief description Whether this power is

exercised as

Commissioner or as

any other

designation.

1 Land Acquisition Act,

1894, & Govt. order B

& F.D.

LON/1684/(3203) A-2,

dt.29/4/85.

Section 11(1) To scrutioise and to

approve the draft

awards submitted by

the Land Acquisition

Officers allowing

compensation of

gross amount

excedading Rs. 15

Lakhs but not

exceeding Rs.30

Lakhs.

Power is exercised as

Commissioner.

2 Govt. order B & F.D.

No.LON/1803/(2970)/A-

2, dt.20/3/1985. Land

Acquisition clause 243.

- To scrutinize and to

approve the ex-gratia

payment proposals

upto Rs.40,000/- if the

proposal is within

time limit of months

from the declaration

of award and it

should not exceed 5%

of the total amount of

compensation

Awarded.All other cases are

to be submitted to

Government through

Commissioner for

further orders.

Powers of the Commissioner Under M.M.Act, 1965.

The Government in Urban Development has appointed the Divisional Commissioner as

a Regional Director of the Municipal Administration as per notification No.MUG5457/2194/UD-

10 (A) under section 74 of the Act for performing the duties of the State Government or theDirector of the Municipal Administration. The Addl. Commissioner has also been appointed as

a Regional Director of Municipal Administration for its respective division as per Government

in Urban Developments Notification No MUG-5457/2718/UD-10 dt.22-7-76.

Section of the M.M.Act 1965 Activities to be performed.

51 (5) To decided election petition relating to the litigation of the

presidents Election.

75A Transfers of Chief officers in the Dn.Grant of Increment

Leave upto 120 days and minor punishments.

76 To regularize service conditions of Municipal employees.


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79(6) Appeal of the Municipal employees against the order of

punishment passed by the Municipal Council.

92(3) Grant of transfer of Municipal property above seven

years.

97 Application of Municipal funds out side of the Municipallimit accord sanction to contribution exceed two percent.

101(4) To sanction Budget of the Council who is undebted.

108 read with Sec.322 To sanction Bye-lawas of Districtionary Taxes.

104(1) Exercising the powers of the Bombay local fund Audit

Act, 1930

168(1) To appoint Recovery officer in the grade of Naib

Tahsildar.

306 Powers of supervision and Inspection of Municipal

Records and properties.

307 To call for returns and reports.

308(4) To rescind modify etc. orders passed by the Collector

suspending execution of any Resolution.

309

310 To prevent extra-vacancy in expenditure on employees.

311 To appoint an officer to make inquirees in Municipalmatters.

318 To decide revision applications in relating any order

passed by or is to the regularity of the proceedings of any

council or the Chief officer under section 189 or 190 of

the M.M.Act.

320 Powers of Review.

322 To Sanction Bye laws of the discitionary Taxes.

323(3) To enforce model bye laws.

337 To accord ex-post facto sanction in respect of staff and

expenditure.


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GENERAL BRANCH

Name of Act/Rules

which the powers

invested

Section/Rule

G.R.No.etc.


powers

Whether this power is

exercised as

Commissioner or as

any other designation

Indian Arms Act Section 18 To devide the appeals

against the decision of

the DistrictMagistrate

As Commissioner

Prisons Act and

Bombay Furlough and

Parole Rules

Rule 18 To grant parole to

prisoners

As Commissioner

Govt. H.D.Res. No.AVN-1780-

10/(21)-TRA-7

dt.3-7-1981

To preside over the

meeting

As Chairman of the

Airport

Environmental

ManagementCommittee for

Nashik and Ozar

Airfields

Motor Vehicle Act and

Rules.

Section 71 To preside over the

meeting of the Regional

Transport Authority

As Chairman of

R.T.A.

Govt. in Social walfare

Deptt. Resolutions

To decide the appeals

against the decision of

the caste scrutinyCommittee

As Commissioner

Govt. in H.D.cir No.

BVP-2275/3/8/P

dt.28/9/1976

To relax the age limit

and educational

qualification of Police

Patils

As Commissioner

Govt. in P.W.D. Res. To accord administrative

approvals of plans and

estimates to construct

and repair Govt. offices

As Commissioner

- Do - Allotment of Govt.Quarters to

Govt.servants and

officers

As chairman of

Accomodation

Allotment Committee

Govt. in GAD circular

No.

Niriksha/1035/57/18/0

& M dated 26-4-1985

O and M implementation

as per Govt. orders.

Norms : 3 offices

Rev.and Z.P. during the

year

As the Divisional O

and M officer


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(PLANNING SECTION)

Sr.

No.

Subject Matter Govt. Orders Description

powers

Particulars

1 20 Point

Programme

1 D.O.latter from the Chief

Secretary Mah.StateNo.DRM/1083/C.R.-95/TPP-1

(planning) dt.22 July 1983.

2 Circular No.TPP/1084/C.R-

3/TPP-I, dated 17 Jan. 1985.

Quarterly Review

Completion of Quarterly

Progress Reports at

Divisional Level.

2 District Level

Scheme

1 Planning Department

Resolution No. DVI-1080/CR-

9/D-17, Dated 10th

April 1980

Monitoring Plan

implementation tacking

general co-ordination

problems connected with

the implementation of

plan programmed, flow

and use of institutionalof the E.G.S.

3 District Planning

and Development

Council

1 D.O. Letter from Chief

Secretary, Mah.State

No.DPC/1089/PRG-2, dated 16th

July 1986

Attendance of D.P.D.C.

Meeting

4 Command Area

Development

Authority

1 Maharashtra State Irrigation

Department Res.

No.CDA/1081/251-CAD-3, dated

21st Dec.1981

Divisional Commissioner

as Chairman of an

Executive Committee of

CADA.

The ExecutiveCommittee will attend to

and take decisions

regarding routine

matters, matters

relations to required for

implantation of the

Command Area Devt

Preogramme; review of

progress in

implementation of

C.A.D.P. and such other

matters as may be

delegated to it by theCADA Board.

The Executive

Committee with meet at

least once in two months

at a place within the

project Area as may be

decided by the

Chairman.


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1 2 3 4 5

5

,,!"#1083/311()"+.18-,1984

""",))"?(

6 """:;. ":"1085/17/:1,+.16?

=1985

"+""ABC".

1""":D""!#E"D"="!#F+""!#GH":


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Central Govt.

Land Acquisition Ac,

1894.

Govt. in R &

F.D.Notice

No.LAQ.2970/72,

dt.203-75

Power to approve the

draft award under

sec.11 for amount

Sr.

No.

Name of the Act/Rule

Govt. order under which

the powers are given.

Section or

Rule No.

or order

Brief discription of the powers. Whether this power is

exercise as

Commissioner or as

any other designation.

1 Maharashtra

Employment Guarantee

Act, 1977

6 A The Maharashtra Employment

Guarantee Act, 1977 has been

passed to make effective

provisions for securing the

right to work by guaranteeingemployment to all adult persons

who volunteer to do unskilled

manual work in rural areas in

the State of Maharashtra. The

section 6 A of the said Act

imparts all supervisory powers

to the Commissioner in respect

of E.G.S.work within the

jurisdiction of the division and

powers of supervision and

review implementation are

delegated to Commissioner. By

virtue of these powers the

Commissioner is competent to

issue directions to the

Collectors, other officers

(including Divisional Level

Officers) Local authorities and

other schemes and for which

the Collectors, other officers

local authorities and other

bodies in the Division are

responsible and subordinate toCommissioner to such extent as

Govt. may direct.

Powers are exercised

as "Commissioner"

only.

Note :-

Powers under the Employment Guarantee Act as stated above have been delegated to

the Commissioner. Further for the proper implementation of the Scheme following powers are

also delegated to the Commissioner.

To Accord administrative approval to the Plans & Estimates for the E.G.S. workscosting more than 10 lakhs but less than Rs.15 Lakhs.


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To accord sanction to the Non-plan works during scarcity period so as to make availableadequate number of works under E.G.S.

To santion establishment of various departments like Forest, Agriculture, Public Worksetc. for the Scarcity period only and that too on Work Charge establishment.

To assist the Commissioner in proper implementation of the Scheme, Inspection &Supervisory cell is created in the Commissioner's office. The Cell also decide work of

coordination and monitoring of the E.G.S.in the various districts.


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B.+OO(.......#. P"


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Role of the Commissioner, Resettlement_

Information regarding the power exercised by the Commissioner under various Acts/Rules &

Government orders.

Name of the Acts/Rules &

Govt. order under which

the power are given.

Sections or Rule

No.

Brief description or

Power

Whether this power

is exercised as

Commissioner or as

any other

designation.

Maharashtra Resettlement

Project Displaced person

Act 1985

Govt.

Reso.No.1089/C.R.150/R.a.Dated. 1/1/90

Power to accord

administrative

approval for the

works worth above 1

Lakh & up to to 10

lakhs.

(The work of Civic

amenities as per

Govt. prescribed

norms.)

As a Commissioner

of the Division.

Powers of Divisional CommissionerS IN MAHARASHTRA STATE

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